- (1.) The special appeal arises from a judgment and order of the learned Single Judge dated 29 November 2013 directing the appellants to release all the retiral benefits of the respondent with interest at the rate of 12% per annum including full pensionary benefits.
(2.) The respondent was appointed as a Sub Inspector in the State Police. The respondent was committed to trial and by a judgment of the Sessions Judge, Etah dated 20 November 1998, he was convicted of the offences inter alia under Section 302 read with Section 149 and under Section 364 of the Indian Penal Code and was sentenced to undergo imprisonment for life. The respondent has filed a criminal appeal, which has been admitted by this Court on 24 November 1998 and he has been released on bail. Realisation of the fine imposed by the Sessions Judge has been stayed during the pendency of the appeal.
(3.) The respondent attained the age of superannuation on 31 May 1999. A provisional pension has been released to him but full pensionary benefits, gratuity and other retiral dues were withheld on the ground that an appeal against the order of conviction inter alia under Sections 302 and 364 of the Indian Penal Code is pending before this Court. The respondent filed a writ petition (Writ-A No. 2971 of 2003 (Radhey Shyam Sharma v. Addl. Director General of Police & others)), which came up for hearing before the learned Single Judge. The learned Single Judge was of the view that in the present case no pecuniary loss was caused to the department or to the Government and even after the criminal proceeding is finalized, no recovery would be made from the respondent. For this reason, the petition was allowed with a direction for payment of full pensionary benefits together with all other retiral dues with interest at the rate of 12% per annum.;